Regarding a federal shield law for journalists

Regarding a federal shield law for journalists

The New York Times editorializes in favor of a federal shield law to protect journalists who use unnamed sources:

Without the ability of reporters and news organizations to protect confidential sources, many important reports about illegal, incompetent or embarrassing behavior that the government is determined to conceal would never see the light of day. In recent years, the abuse of prisoners at Abu Ghraib, the secret C.I.A. prisons in Eastern Europe for terrorists and warrantless wiretapping all came to light through the unauthorized disclosure of classified information.

If reporters can be hauled into court and forced to reveal their sources, it makes it hard for them to gain the trust of people who have information that the public needs to know, and it makes it hard for their news organizations to publish or broadcast those reports.

The bipartisan bill is backed by Senators Arlen Specter, Democrat of Pennsylvania; Charles Schumer, Democrat of New York; Lindsey Graham, Republican of South Carolina; and others. It would establish a calibrated right of reporters not to reveal the name of confidential sources. It already contains many conditions and qualifications to protect national security. For example, it expressly does not cover information gained from terrorists and agents of foreign powers.

My caveat: Under the law, who gets counted as a journalist? Do bloggers count? Will the United States government get to decide who is a “real” journalist and who doesn’t fit the bill? A troubling, unintended outcome of a federal shield law could be the de facto licensing of journalists.

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Matt J. Duffy, PhD, is an academic media scholar. His works have been accepted for publication in the Journal of Middle East Media, the Journal of Mass Media Ethics and the Newspaper Research Journal. An assistant professor of communication, Duffy teaches UAE and international media law at Zayed University in Abu Dhabi. He is an active member of AUSACE, the Arab-US Association for Communication Educators. Follow him on Twitter.

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About the Author

Dr. Matt J. Duffy serves as an assistant professor in the School of Communication and Media at Kennesaw State University in Georgia, USA. He enjoys teaching the art of good journalism, a noble profession and powerful tool for social change. Duffy worked as a journalist for several news outlets including the Boston Herald and the Marietta Daily Journal. He now teaches journalism and media law.
Duffy's research focuses on international approaches to media law. Wolters Kluwer will publish the second edition of his"Media Laws in the United Arab Emirates" in 2017. He has published more than a dozen academic articles and writes occasionally for niche publications. Duffy enjoyed a visit to Pakistan in May 2016 as part of the Fulbright Scholar program from the US State Department. Since 2012, Duffy has served on the board of the Arab-United States Association for Communication Educators, an organization that aims to improve journalism in the Middle East. He also owns Oxford Editing that he started in 2007.